Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Rep. Tom Emmer Introduces Firearm Due Process Protection Act

Friday, April 22, 2016

Rep. Tom Emmer Introduces Firearm Due Process Protection Act

On Tuesday, Representative Tom Emmer (R-MN) introduced H.R. 4980, the Firearm Due Process Protection Act. This legislation is meant to ensure that eligible firearms purchasers are not arbitrarily denied their right to obtain firearms. The Act would afford those who are denied a firearm purchase by the National Instant Criminal Background Check System (NICS) an effective and expeditious means of correcting any misinformation that would erroneously cause such a result.

In January, we reported on the alarming news that the FBI had “temporarily” suspended work on processing appeals of denials issued by NICS. The backlog of pending appeals at the time stood at 7,100. As we noted in that article, FBI data from 2014 showed that some 5% of the denials rendered by NICS that year were later overturned on appeal, meaning 4,411 people who had initially been erroneously denied were later able to vindicate their rights.

Of course not every person who is wrongfully denied will necessarily wade through the considerable bureaucracy necessary to challenge that decision. And the FBI’s figures account only for NICS checks processed directly by the FBI and not by the 21 states that handle some or all of the firearm purchase background checks for their jurisdictions.  Thus, the actual number of wrongful denials is undoubtedly much higher.

Current law does provide for an appeal process, but it does not establish deadlines for action on appeals or provide consequences for the FBI’s failure to act on them. Even before the FBI stopped processing NICS appeals altogether, the turnaround time for a decision could stretch from several months to more than a year. 

Rep. Emmers bill would address these problems in several ways. First, it would require the government to make a final determination on an appeal within 60 days after it received information in support of the claim. If the matter was not resolved within this timeframe, the individual would have the right to bring an action in federal court for a declaratory judgment on the person’s eligibility to receive and possess a firearm; a hearing would have to be held within 30 days after the action is brought.

If the government cannot establish the individual’s ineligibility at the hearing, the court would be required to issue an order for the government to correct or remove the erroneous records of NICS within five business days and to award the individual attorney’s fees and costs for the action.

Due process is a fundamental pillar of the American constitutional system. The purpose of Rep. Emmer’s bill is not to weaken NICS but to ensure that it functions as intended, blocking only legally prohibited individuals and not those who are misidentified or the victim of other bureaucratic mistakes.

As Rep. Emmer stated in introducing the bill, “Two months is a reasonable amount of time to run a background check and correct false information. Above all, citizens must always have recourse when denied a fundamental right.”

The NRA commends Rep. Emmer’s leadership in this important effort and urges swift consideration of the bill by the U.S. House of Representatives.

TRENDING NOW
Hunter Biden Incident Shows that Gun Laws are for the Little People

News  

Monday, April 5, 2021

Hunter Biden Incident Shows that Gun Laws are for the Little People

There is a central hypocrisy at the heart of the gun control effort.

U.S. House Bows to Biden, Passes Legislation to Cancel Your RIGHT to Obtain a Firearm

News  

Monday, March 15, 2021

U.S. House Bows to Biden, Passes Legislation to Cancel Your RIGHT to Obtain a Firearm

The U.S. House Representatives, with the urging and support of Joe Biden, passed two bills on Thursday – H.R. 8 and H.R. 1446 – that would usher in a sweeping overhaul of how firearms are bought and sold in ...

South Carolina: Constitutional Carry Passes Critical Vote

Wednesday, April 7, 2021

South Carolina: Constitutional Carry Passes Critical Vote

Today, the House voted 69-47 to advance House Bill 3096 after second reading. This clears the way for H. 3096 to receive a third reading tomorrow, where the House can vote to pass it.

South Carolina House Passes Constitutional Carry

Friday, April 9, 2021

South Carolina House Passes Constitutional Carry

Yesterday, the House voted to pass House Bill 3096 on third reading. It has been sent to the Senate for further consideration.

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

News  

Monday, November 16, 2020

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

Just in case anyone needed further proof that much of the federal bureaucracy is more interested in serving themselves and left-wing political interests than public service, news broke this week that rogue elements of Bureau ...

Judge Affirms Hunters Can Use Traditional Ammo in NRA Case

News  

Thursday, April 1, 2021

Judge Affirms Hunters Can Use Traditional Ammo in NRA Case

On April 1st, a federal judge in Arizona sided with NRA-ILA and Safari Club International and held that hunters’ use of traditional ammo does not violate federal environmental law.

Statement on Gun Control Bills H.R. 8 and H.R. 1446

News  

Thursday, March 11, 2021

Statement on Gun Control Bills H.R. 8 and H.R. 1446

Jason Ouimet, executive director of the National Rifle Association Institute for Legislative Action, released the following statement Thursday after the House passed gun control bills HR 8 and HR 1446

NRA-backed Constitutional Carry Signed in Tennessee

News  

Thursday, April 8, 2021

NRA-backed Constitutional Carry Signed in Tennessee

Gov. Bill Lee signs NRA-backed constitutional carry bill to advance the self-defense rights of all Tennessee gun owners. 

West Virginia: Pro-Gun Bills Pass

Thursday, April 8, 2021

West Virginia: Pro-Gun Bills Pass

Yesterday, the House of Delegates promptly voted 87-0 to concur with the Senate amendments to House Bill 2793. It now goes to Governor Jim Justice’s desk for his signature.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.